Summary
In Alabama Great Southern Railroad Co. v. Smith, 191 Ala. 643, 644, 68 So. 56, 57, the court said: "The averments of the count only characterizes the act or omission, 'causing or permitting a collision,' as willful or wanton, and then describes the effect of the act or omission, which alone is characterized as having been done or suffered willfully or wantonly.
Summary of this case from Jones v. KeithOpinion
No. 10651.
October 15, 1948.
Appeal from the United States District Court for the Eastern District of Tennessee; Leslie R. Darr, Judge.
Whitaker, Hall Haynes, of Chattanooga, Tenn., for appellant.
Berke Fleming and W.L. Tillett, all of Chattanooga, Tenn., for appellee.
Before ALLEN, MARTIN, and MILLER, Circuit Judges.
This case came on to be heard on the briefs and record and oral argument of counsel. And it appearing that the verdict of the jury is supported by substantial evidence, and no reversible error appearing in the record, it is ordered that the judgment be, and it hereby is, affirmed.